CAA Program Delegation Status for Oklahoma — NSPS Part 60

SubpartDescriptionODEQNon-Delegable Authorities
AGeneral ProvisionsYes
See Note 1 for NSPS Part 60, for explanation of delegation authorities, as well as the following specific references:
§ 60.4(b) Addresses of State and Local Implementing Agencies
§§ 60.8(b)(2), 60.8(b)(3) (partial limitation) Approval of "Major Change to Test Methods". (Note: Any references to the authority in section 60.8(b) are reminders of the provisions of section 60.8 and are not separate authorities which can be delegated.)​
§ 60.9 - Availability of Information Procedure for EPA - not applicable to State/local agencies.
§ 60.11(b) (partial limitation) Approval of ‘‘Major Change to Test Methods’’--alternative to ‘‘Method 9’’ test method.
§§ 60.11(e)(7), 60.11(e)(8) Approval of Alternative Opacity Standard.
§ 60.13(a) (partial limitation) Approval of ‘‘Major Change to Monitoring’’-specification of continuous monitoring systems requirements.
§ 60.13(d)(2) (partial limitation) Approval of ‘‘Major Change to Monitoring’’-continuous opacity monitoring systems.
§ 60.13(g)(1) Approval of installation of fewer monitoring systems when one affected facility/source vents through more than one point (this is a major change to monitoring).
§ 60.13(i) (partial limitation) Approval of ‘‘Major Change to Monitoring’’.
AASteel Plants: Electric Arc Furnaces After 10/21/74 & On or Before 8/17/83Yes
AAAASmall Municipal Waste Combustion Units (Construction is Commenced After 8/30/99 or Modification/Reconstruction is Commenced After 6/06/2001)Yes
AAaSteel Plants: Electric Arc Furnaces& Argon-Oxygen Decarburization Vessels After 8/07/83Yes
BBKraft Pulp MillsYes
BBBRubber Tire Manufacturing IndustryYes
CCGlass Manufacturing PlantsYes
CCCCCommercial & Industrial Solid Waste Incineration Units (Construction is Commenced After 11/30/1999 or Modification/Reconstruction is Commenced on or After 6/01/2001)Yes
DFossil Fueled Steam Generators (>250 MM BTU/hr)Yes
DDGrain ElevatorsYes
DDDVolatile Organic Compound (VOC) Emissions from the Polymer Manufacturing IndustryYes
DaElectric Utility Steam Generating Units (>250 MM BTU/hr)Yes
60.45a Approval of emerging technology.
DbIndustrial-Commercial-Institutional Steam Generating Units (100 to 250 MM BTU/hr)Yes
DcIndustrial-Commercial-Institutional Small Steam Generating Units (10 to 100 MM BTU/hr)Yes
EIncinerators (> 50 tons per day)Yes
EESurface Coating of Metal FurnatureYes
EEEEOther Solid Waste Incineration Units (Constructed after 12/09/2004 or Modicatation/Reconstruction is commenced on or after 06/16/2004)Yes
EaMunicipal Waste CombustorsYes
EbLarge Municipal Waste CombustorsYes
EcHospital/Medical/Infectious Waste IncineratorsYes
FPortland Cement PlantsYes
FFFFlexible Vinyl and Urethane Coating & PrintingYes
GNitric Acid PlantsYes
GGStationary Gas TurbinesYes
GGGVOC Equipment Leaks in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and on or Before November 7, 2006Yes
HSulfuric Acid PlantsYes
HHLime Manufacturing PlantsYes
HHHSynthetic Fiber Production FacilitiesYes
IHot Mix Asphalt FacilitiesYes
IIIVOC Emissions from the SOCMI Air Oxidation Unit ProcessesYes
IIIIStationary Compression Ignition Internal Combustion EnginesYes
JPetroleum RefineriesYes

Note:  Proposed Petroleum Refinery Sector Risk and Technology Review and NSPS June 30, 2014 Proposed Rule with additional emission control requirements for storage tanks, flares and coking units at petroleum refineries...EPA extended Final Rule Signature Date to September 30, 2015.

JJJPetroleum Dry CleanersYes
JJJJStationary Spark Ignition Internal Combustion EnginesYes
JaPetroleum Refineries for which Construction, Reconstruction, or Modification Commenced After May 14, 2007Yes

Note:  Proposed Petroleum Refinery Sector Risk and Technology Review and NSPS June 30, 2014 Proposed Rule with additional emission control requirements for storage tanks, flares and coking units at petroleum refineries...EPA extended Final Rule Signature Date to September 30, 2015.

KStorage Vessels for Petroleum Liquids (After 6/11/73 & Before 5/19/78)Yes
KKLead-Acid Battery Manufacturing PlantsYes
KKKVOC Equipment Leaks From Onshore Natural Gas Processing PlantsYes
KKKKStationary Combustion Turbines (Construction Commenced After 02/18/2005)Yes
KaStorage Vessels for Petroleum Liquids (After 6/11/73 & Before 5/19/78)Yes
KbVolatile Organic Liquid Storage Vessels (Including Petroleum Liquid Stg/Vessels) After 7/23/84Yes
LSecondary Lead SmeltersYes
LLMetallic Mineral Processing PlantsYes
LLLOnshore Natural Gas Processing: SO2 EmissionsYes
LLLLNew Sewage Sludge Incineration UnitsYes
MSecondary Brass and Bronze Production PlantsYes
MMAutomobile & Light Duty Truck Surface Coating OperationsYes
NPrimary Emissions from Basic Oxygen Process Furnaces (Construction Commenced After June 11, 1973)Yes
NNPhosphate Manufacturing PlantsYes
NNNVOC Emissions from SOCMI Distillation OperationsYes
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Notes

#Comments
1

Any authority that is not delegable by statute, or specified as non-delegable in a subpart directly, is not delegated - this would include any specific requirements that are specified as not delegable in the General Provisions (Subpart A) and individual Subparts.  EPA guidance permits delegation to a State or local agency of all the EPA Administrator's authorities under 40 CFR Part 60 except those that require rulemaking to implement, that affect the stringency of the standard, or where national oversight is the only way to ensure national consistency.  Statute non-delegable authorities include the following:

CAA Section 111(h)(3) Equivalency Determinations - Approval of alternatives to design, equipment, work practice or operational standard [e.g., 40 CFR 60.114(a) and 60.302(d)(3)] is accomplished through the rulemaking process and is adopted as a change to the individual subpart.  This authority may not be delegated.

CAA Section 111(j) Innovative Technology Waivers - Innovative technology waivers must b e adopted as site-specific amendments to the individual subpart.  The authority to grant waivers is not delegated.  However, agencies may be delegated the authority to enforce any waivers granted by EPA.

6

The Oklahoma Department of Environmental Quality (ODEQ) has received full automatic delegation for all existing and future Part 60 NSPS, effective 03/25/1982 (47 FR 17285), except as specifically limited in the rule itself (see footnote 1 above) and excluding the following: Subpart AAA Standards of Performance for New Residential Wood Heaters.